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In 2002, the Alaska Legislature passed new laws, set forth in AS 25.24.400-460, which allow spouses to separately or jointly file a complaint for a legal separation, which can be granted only once to a married couple.
A legal separation can be granted if the court finds that an incompatibility of temperament exists between the parties and that the continuation of the parties' status as married persons preserves or protects significant legal, financial, social or religious interests. One of the parties to the complaint for legal separation must be an Alaska resident when the complaint is filed.
Many of the same laws which apply to divorce apply to legal separation, including those relating to orders that can be issued during an action, judgments for custody and visitation, dependency deduction orders, child support, spousal support and property and debt division awards. A decree of legal separation may include orders that are not final in nature, and the court must address the rights and responsibilities for property and obligations which are not finally distributed while the separation order is in effect.
The effect of a decree of legal separation does not restore the parties to the status of unmarried persons. Rather, it modifies the parties' rights and responsibilities as married persons only to the extent that is set forth in the decree of separation.
Given the frequency of the filing of family law appeals, it is probable that the Alaska Supreme Court will be asked to address disputed issues involving separation agreements, and the manner in which they are interpreted in a subsequent divorce proceeding. However, the recognition that a Legal Separation is a valid cause of action in Alaska is a step in the right direction. Couples who are not yet ready to dissolve their marriages now have another legitimate tool to help them make decisions. A legal separation can give the parties time to mediate their issues and work out reasonable solutions, possibly finding a way to reconcile their relationships.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, personal injury, criminal law and wills. A helpful staff at Pradell and Associates provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529. This article is not intended to provide legal advice and should not be relied on for that purpose.